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Cohabitants and the European Court of Human Rights

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This book examines the development, or lack thereof, of the European Convention on Human Rights (ECHR) in cases involving cohabitants. Cohabitation is increasingly common across Council of Europe ...
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  • 01 October 2026
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This book examines the development, or lack thereof, of the European Convention on Human Rights (ECHR) in cases involving cohabitants.

Cohabitation is increasingly common across Council of Europe member states, yet cohabitants are typically treated less favourably than spouses or civil partners, often receiving limited financial benefits or no legal protection at all.

As the first comprehensive study of the relationship between the ECHR and cohabitants, it encourages the Strasbourg Court to interpret the Convention in a way that prompts domestic legal change. The book demonstrates how human rights arguments may support enhanced legal protection, analyses the ECHR’s response to cohabitants’ claims and critically examines their doctrinal and structural barriers. This work makes a valuable contribution to the understanding of cohabitation reform at a European level.

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Price: $74.95
Pages: 144
Publisher: Bristol University Press
Imprint: Bristol University Press
Publication Date: 01 October 2026
ISBN: 9781529257809
Format: Hardcover
BISACs: LAW / Family Law / General, Family law: cohabitation, LAW / International, POLITICAL SCIENCE / Human Rights, International law: courts and procedures, Constitutional law and human rights
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Helen Rodway is Lecturer in Law at the University of Manchester.

1. Introduction

2. The European Court of Human Rights in Comparative Family Law Contexts

3. The ‘Cohabitation Cases’

4. Analogy

5. Objective and Reasonable Justification

6. Additional Barriers to Success: Ambit and Status

7. Conclusion